Support

A cookie is a piece of data stored by your browser or device that helps websites like this one recognize return visitors. We use cookies to give you the best experience on BNA.com. Some cookies are also necessary for the technical operation of our website. If you continue browsing, you agree to this site’s use of cookies.

Events

Bloomberg Next marketing services allow clients to elevate their brands and extend their reach through our established and trusted expertise, enhanced with engaging event production, appealing design, and compelling messaging.

Washington, Seattle File Suits Against Opioid Maker

Washington sued opioid drug company Purdue Pharma L.P., alleging the company’s marketing
was an “uncontrolled experiment on the American public” dedicated to profiting from
the unproven proposition that opioids are effective at relieving chronic pain over
the long term (
Washington v. Purdue Pharma L.P.
, Wash. Super. Ct., complaint filed
9/28/17
).

Washington Attorney General Bob Ferguson (D) filed the lawsuit Sept. 28 in state court.
The suit begins with and builds on the premise that opioids are neither safe nor effective,
and then targets an allegedly deceptive marketing campaign in which “Purdue systematically
overstated the effectiveness of its drugs for treating pain long-term, understated
the risk of addiction, and overstated the effectiveness of risk mitigation strategies.”

The lawsuit seeks civil penalties under the state Consumer Protection Act of $2,000
for each violation of the statute as well as unspecified damages, which Ferguson said
in a Sept. 28 press conference would be “a very significant recovery.” The lawsuit
comes as other states and cities have sued the makers of pain drugs for their role
in the opioid abuse crisis.

“I don’t know how executives at Purdue Pharma can sleep at night,” said Ferguson,
a rising star in the Democrat Party who in rapid-fire fashion has filed a series of
high-profile suits addressing a range of social and policy issues including the alleged
failure of hospitals to provide charity care.

Purdue Denies Allegations

The Connecticut-based drugmaker rejected the allegations from the Washington AG. “We
vigorously deny these allegations and look forward to the opportunity to present our
defense,“ Purdue said Sept. 28 in response to a Bloomberg BNA email seeking comment.
“We are deeply troubled by the opioid crisis and we are dedicated to being part of
the solution. As a company grounded in science, we must balance patient access to
FDA-approved medicines, while working collaboratively to solve this public health
challenge.”

The suit specifically rejects any Purdue attempt to use FDA approval of its medications
as a defense for what the complaint contends are not only violations of its Consumer
Protection Act, but also constitute a public nuisance and common-law negligence. “Although
the Food and Drug Administration has approved the sale of opioids, Purdue’s marketing
of these drugs has exceeded the labeled use and does not shield Purdue from liability
for its deceptive marketing or the public nuisance created by its business model.”

While the Seattle suit presents similar factual allegations involving deceptive marketing,
it brings as an additional cause of action under the Washington Criminal Profiteering
Act against Purdue, Janssen, Cephalon, and Endo. The act’s definition of criminal
profiteering includes offenses such as knowingly presenting to a health-care payer
a claim for a health-care payment that falsely represents that the goods or services
were medically necessary, the suit says.

Alleged `Big Tobacco’ Tactics

The suit alleges the four companies, “borrowing a page from Big Tobacco’s playbook,”
worked through third parties they controlled by funding doctors the suit calls “key
opinion leaders,” and by funding “seemingly neutral and credible professional societies
and patient advocacy groups (referred to hereinafter as “Front Groups”).

Among the entities named in the Seattle suit as so-called “Front Groups” are the American
Pain Society, American Geriatrics Society, American Chronic Pain Association, American
Society of Pain Education, National Pain Foundation, and Pain & Policy Studies Group.

“Manufacturing Defendants persuaded doctors and patients that what they had long known
– that opioids are addictive drugs, unsafe in most circumstances for long-term use
– was untrue, and quite the opposite, that the compassionate treatment of pain required
opioids,” the Seattle suit says.

Pharma Industry Response

In response to a Bloomberg BNA request for comment on the Seattle lawsuit, industry
association PhRMA (the Pharmaceutical Research and Manufacturers of America) sent
this Sept. 28 email: “PhRMA is unable to comment on legal activities involving specific
companies. However, on the issue of prescription drug abuse, PhRMA is committed to
working with health care stakeholders, policymakers and others to help address the
current opioid crisis.”

PhRMA added that it is working with government partners to “develop a public-private
partnership that will accelerate the development of non-opioid pain medications and
new formulations of medication assisted treatment for addiction recovery.”

All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to books@bna.com.

Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)

Notify me when updates are available (No standing order will be created).

This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to research@bna.com.

Put me on standing order

Notify me when new releases are available (no standing order will be created)